Divorce under Hindu Marriage Act, 1955

 Divorce under Hindu Marriage Act, 1955

According to the Arthashastra, marriage can end if dissolved by mutual consent and should be unapproved marriage. But Manu does not believe in the concept of the dissolution. According to Manu the only way to end the marriage is the death of one of the spouses.

The provision related to the concept of divorce was introduced by the Hindu Marriage Act, 1955. The Hindu Marriage Act defines divorce as a dissolution of the marriage. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Divorce is permitted only for a grave reason otherwise given other alternative.

Divorce under Hindu Marriage Act, 1955

In the Hindu Marriage Act, there are some provisions given regarding a valid divorce, i.e. when the spouse can get divorce or appeal for dissolution of marriage in the court of law. For the interest of the society, the marriage or the marital relationship needs to be surrounded by every safeguard for the cause specified by law. Divorce is permitted only for a grave reason otherwise given other alternative.

The Hindu Marriage Act is based on the fault theory in which any one of the aggrieved spouses (Section 13(1)) can approach the court of law and seek the remedy of divorce. Section 13(2) provides the grounds on which only the wife can approach the court of law and seek the remedy of divorce.

Grounds of Divorce as per The Hindu Marriage Act

Adultery

The concept of Adultery may not be considered as an offence in many countries. But as per the Hindu Marriage Act, in the matrimonial offence, the adultery is considered as one of the most important ground for seeking divorce. Adultery means the consensual and voluntary intercourse between a married person with another person, married or unmarried, of the opposite sex. Even the intercourse between the husband and his second wife i.e. if their marriage is considered under bigamy, the person is liable for the Adultery.  

The concept of Adultery was inserted under the Hindu Marriage Act by the Marriage Laws Amendment Act, 1976.

Cruelty

 

The concept of cruelty includes mental as well as physical cruelty. The physical cruelty means when one spouse beats or causes any bodily injury to the other spouse. But the concept of mental cruelty was added as the spouse can also be mentally tortured by the other spouse. Mental Cruelty is lack of kindness which adversely affects the health of the person.

What is considered as Mental Cruelty against Husband by wife 

1. Humiliating the husband in front of his family and friends.

2. Undertaking the termination of pregnancy without husband consent.

3. Making false allegation against him.

4. Denial for Martial Physical Relationship without a valid reason.

5. Wife having affair.

6. Wife living an immoral life.

7. The constant demand for money.

8. Aggressive and uncontrollable behaviour of Wife.

9. Ill-treatment to the husband parents and family.

What considered as Mental Cruelty against wife by Husband

1. False accusation of adultery.

2. The demand for dowry.

3. Impotency of Husband.

4. Force to abort the child.

5. The problem of drunkenness of husband.

6. Husband having affairs.

7. The husband lives an immoral life.

8. Aggressive and uncontrollable behaviour of the husband.

Humiliating the wife in front of family and friends

Desertion

Desertion means the permanent abandonment of one spouse by the other spouse without any reasonable justification and without his consent. In General, the rejection of the obligations of marriage by one party. 

Essentials

1. Permanent abandonment of the other spouse.

2. Rejection of the obligation of marriage.

3. Without any reasonable justification.

4. No consent of another spouse.

Conversion

If one of the spouses converts his religion to any other religion without the consent of the other spouse, then the other spouse can approach the court and seek the remedy of divorce.

Insanity

Insanity means when the person is of unsound mind. Insanity as a ground of divorce has the following two requirements-

1. The respondent has been incurably of unsound mind.

2. The respondent has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Leprosy

Leprosy is an infectious disease of the skin, mucous membranes, nervous system etc. this disease is transmitted from one person to another. Thus it is considered as the valid ground for divorce

Renunciation

It means when one of the spouses decide to renunciate the world and walk on the path of the God, then the other spouse can approach the court and demand the divorce. In this concept the party who renunciates the world is considered as civilly dead. It is a typical Hindu practice and considered as a valid ground for divorce.

Presumption of Death

In this case, the person is presumed to have died, if the family or the friends of that person does not hear any news about the person alive or dead for seven years. It is considered as the valid ground for divorce, but the burden of proof is on the person who demands the divorce.

Divorce under Hindu Marriage Act, 1955

BY- SHAMBHAVI

VIP-AUTHOR